2023-034A - Laserfiche WebLink

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12.02 Tenant's Certificate: Additional Documents (a) Tenant agrees at any time and from time to time, within ten (10) days after Landlord's written notice, to execute, acknowledge and deliver to Landlord a written instrument in recordable form certifying the commencement and ending dates of the Term, that this Lease is unmodified and in full force and effect (or if there have been modifications, that it is in full force and effect as modified and stating the modifications) and the dates to which Monthly Minimum Rental have been paid in advance, if any, and stating whether or not Landlord is in default in the performance of any agreement contained in this Lease and if so, specifying each such default and such other information as Landlord shall reasonably request; and agreeing that Tenant will give to the holder (or proposed holder) of any Mortgage a copy of any notice of default it sends to Landlord and will provide to such holder a reasonable time in which to effect a cure of same. Tenant agrees that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser of the fee or any mortgagee thereof or any assignee of Landlord's interest in this Lease or of any Mortgage (b) Within ten (10) days after the date of the execution of this Lease, and within ten (10) days after the date of a request by Landlord to Tenant, Tenant shall deliver to Landlord (and Tenant shall cause the Guarantor, if any, to deliver to Landlord), the following documents in connection with Tenant and in connection with the Guarantor, if any: (i) Financial statements for the three (3) fiscal annual periods most recently ended prior to the date of the request, which financial statements shall; be prepared, audited and certified to by Tenant's regularly engaged independent certified public accountants; be prepared in accordance with generally accepted accounting principles consistently applied; and contain a balance sheet of Tenant showing all assets and liabilities (both absolute and contingent) and a statement of Tenant's profits and loss. (ii) If applicable, a Good Standing Certificate issued by the appropriate governmental authority confirming that Tenant and/or the Guarantor is and remains a corporation, partnership or company (whichever, if any, are applicable) duly formed and in good standing under the laws of the State of its incorporation and/or formation. (iii) If applicable, a copy of an appropriate resolution of the board of directors of Tenant and/or the Guarantor authorizing the proper officers to execute and deliver this Lease and the Guaranty for and on behalf of Tenant and/or the Guarantor; and an incumbency certificate confirming the duly authorized and elected officers and directors of Tenant and/or the Guarantor; both duly certified as being true, complete and correct by the Secretary of Tenant and/or the Guarantor. (iv) If applicable, a copy (certified as true and correct) of the partnership agreement, by-laws and/or operating agreement of Tenant and/or the Guarantor reflecting the authorization of the parties executing this Lease and/or the Guaranty to execute and deliver this Lease and/or the Guaranty for and on behalf of Tenant and/or the Guarantor. (c) At any time during the Term, Landlord may (by notice) furnish a statement to Tenant which sets forth all payments made by Tenant to Landlord during the period specified in such notice. Within twenty (20) days after receiving such statement, Tenant shall: (a) affirm such statement in writing to Landlord; or (b) if Tenant disputes such statement, notify Landlord thereof and specify in detail the basis of such dispute (including supplying reasonable written evidence in support thereof). 20